McCarty v. Wilson
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court; Bdzvard D. Robertson, Chancellor; The two_ years time fixed in the reservation in the deed was the limit of title.
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Appeal from Mississippi Chancery Court; Bdzvard D. Robertson, Chancellor; The two_ years time fixed in the reservation in the deed was the limit of title. It did not give the appellee an absolute interest in the trees, nor a perpetual right to enter and remove the standing timber on the land, but his estate in the trees was determined if they were not removed from the land within two years. 130 N. Y. 465; 34 Barb. 566; 60 Mich. 622; 63 Ark. 10; 69 Ark. 442; 57 Wis. 118; 37 Wis. 360; 26 Mich. 523; 19 Am. Dec. 330; 6 Atl. 48; 164 Pa. St. 234; 54 N. H. 109. 1. The title to the timber did not…
1Opinion of the CourtBattle, J.
“On the last day of November, 1901, Wilson & Beall, a firm composed of R. E. Lee Wilson and S. A. Beall, sold and by warranty deed of that date conveyed to appellant the southwest quarter of section 13 and the southeast quarter of the northwest quarter of section 13, township 12 north, and range 9 east in Mississippi County, Arkansas, which deed contained the following clause: “Wilson & Beall reserve all merchantable timber on said land same to be removed within two years from date.” On the 27th day of November, 1903, appellant instituted this suit in the chancery court of Mississippi County,…
2Cases cited2 opinions
- Myers v. HawkinsSupreme Court of Arkansas · 1900
- Western Tie & Timber Co. v. Newport Land Co.Supreme Court of Arkansas · 1905
3Cited by2 opinions
- Davis v. DavisSupreme Court of Arkansas · 1910
- Foster v. Enarc Lumber Mfg. Co.Supreme Court of Arkansas · 1961